Debt validation letter question

Anonymous · ‎01-22-2012

Here is the letter I intend to send to midland funding, new century financial and the law firm pressler and pressler representing them. Please let me know if I should make any changes or add anything else. Thank you.

To Whom It May Concern:

This is to inform you that I’ve recently pulled my credit report and noticed that there is a judgment filed against me by Pressler & Pressler on your behalf in May of 2011. I have never been notified of this collection action or that I owed the debt. This letter is to inform you that I would like a validation of the alleged debt.

Under the FDCPA, I have the right to request a validation of this alleged debt. I request that you prove that I am indeed the party who is contractually obligated to pay off this debt. I hope that you are aware that reporting any invalidated information to major credit bureaus may constitute defamation of character. In addition you must also be aware that until you validate this debt you cannot continue collection activities or report this information to the credit bureaus.

Please attach copies of the following documents:
1. The agreement that authorized you to collect on the alleged debt.
2. Explain and show me how you have computed the amount of $589.00.
3. Complete payment history on this account, to prove that the amount you wish to collect is accurate.
4. Send me the copies of any documents that prove I agreed to pay the alleged amount.
5. Identify the original creditor.
6. Confirm that the account has not crossed the SOL period.
7. Prove that you are a licensed and bonded debt collector.
8. Show me your license numbers and registered agent.

Furthermore, this letter puts you on notice that all future correspondence should be done in writing and mailed to me via United States Postal Service at the above address. If your offices fail to respond to this request within 30 days from the date of your receipt all references to this account must be completely removed from my credit file and a copy/copies of such deletion request/requests must be sent to me immediately. And I will also move forward to file a motion to vacate the above Judgment as well as move forward to file a civil suit against your agency for defamation of character. Thank you in advance for your co operation.

Sincerely,

MarineVietVet · ‎01-22-2012

You don't need all that and much of what is listed is not required by law. Keep it short and sweet. Something like this is all you need:

"I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Under FDCPA 809, send me validation of this debt."

"You claim I owe you a debt. In accordance with FDCPA, send me validation of this debt."

"I received your letter claiming I owe you a debt. Per the FDCPA, send me validation of this debt."

Send the letter CMRRR.

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

RobertEG · ‎01-23-2012

+1

99% of the contents of that letter are not requirements for debt verification under the statute, and you additionally have no right to set a period for their response, unless you are a resident of Texas.

Take the advice offered, and just send a simple, short request for debt verification under FDCPA 809(b).

Anonymous · ‎01-23-2012

I like the idea of keeping it simple but at which point can I file a motion to vacate the judgement? Or should I just go to court and file a motion to vacate the judgement and let them come to court with supporting documents. Is the burden of proof on me or on them? I don't even know what they are trying to collect. If you google pressler and pressler (new jersey) you will see how many times they have been on the news for fraudulent cases. Also how many complaints have been filed against them. How many law suits and class action law suits have been filed against them. I want this thing taken out of my credit report and out of my record ASAP.

llecs · ‎01-23-2012

Pressler et al didn't file a judgment. They filed a suit. There was a court date and the judge ruled in their favor resulting in a judgment. Did you argue your case at the time of the court date? Legally, it might be over.

They don't have to provide anything, unless you just received a dunning letter. You can respond with a DV asking for the name of the OC, the balance, and a copy of the judgment from that day in court. If you didn't show up to court, were you served? Some have been able to get a case tossed on the grounds of improper service. YMMV on where you live.

Anonymous · ‎01-23-2012

Ok so here is the update-called the court clerk, real helpful lady-informed me that none of my information matched the information in their file except my name. She is going to have a copy of the file ready for me to pick it up. I was never served because it wasn't meant for me. I then called the pressler law firm and the collection agency they both could not find me in their system based on my information. But they suggested I file a dispute with experian claiming that it's their mistake. There is also another collection account reported on my experian credit report which I also called and confirmed was for the other person with the same name. So, what should be my next step to clear this up? Also, how can I make sure that the other person's information does not get attached to my credit reports in the future?

llecs · ‎01-23-2012

I'd gather info first and submit a written dispute after. Start with the court copy and/or transcripts showing that it isn't you. For the CA, get info from the OC and even have them write you saying you never defaulted or never did biz with them. Also, without reading what you posted already, send a DV to the CA.

Anonymous · ‎01-23-2012

Ok so you are saying to do the following:
For the judgement
1) get court orders/transcripts....I am picking it up tomorrow.
2) call collection agency-midland for a letter stating that I was not the intended person? And send a DV?

For the collection account
1) call esurance-asking them to also provide a letter stating that I never was their customer
2) call NCO financial-asking them for a letter stating that I was not the intended person? And send a DV?

How long should I wait for these documents? What if I don't receive them? Can I still file a dispute with experian and send them the court documents to remove the judgement from my report? And Just file an online dispute with experian regarding the esurance collection account? What measures do I need to take to prevent these thongs from happening? Sorry about all these questions but I am really frustrated with this mix up.

Anonymous · ‎01-23-2012

Things not thongs sorry about the typo

RobertEG · ‎01-23-2012

I would send the DV, but not stop there. No period for response, unless you live in Texas. They could sit on it. Also, are you still within the 30-day window?

I would additionally dispute under the FCRA, and put them under a compulsory investigation time period.

I also would not dispute through the CRA. You dont need them meddling in the dispute, and possibly sanitizing your documentation by use of their e-OSCAR process.

I would send the debt collector a direct dispute under FCRA 623(a)(8), thus ensuring that all your documentation gets to them.

Grounds for dispute is the inaccuracy in reporting a collection based on a debt judgment that was not entered against you.

That compels them to investigate, and respond directly to you within the 30-day dispute period without any CRA meddling. They would, at the least, have to conduct a reasonable investigation that verifies the accuracy of the judgment, and state that fact to you.